Is Remote Work a Reasonable Accommodation?

 Posted on December 30, 2024 in Disability & Accommodations

The COVID-19 pandemic made remote more commonplace. Since then, some employers have moved away from remote work and either expect employees to return to the office or offer a hybrid work schedule. Against this backdrop, some disabled employees may wish to remain remote in order to alleviate the difficulties that come with being a disabled employee. But is remote work a reasonable accommodation under the Americans With Disabilities Act (ADA)? An experienced Montgomery County, Maryland employment law attorney can help answer this question. 

What is a Reasonable Accommodation Under the ADA?

The ADA is a federal law that prohibits discrimination against people with disabilities. One of the protections it offers is the requirement that employers provide "reasonable accommodations."  Some types of reasonable accommodations include installing a ramp to the restroom, providing sign language, or adjusting work schedules so employees can attend doctors’ appointments.

Is Remote Work a Reasonable Accommodation?

Because remote work has only recently become accepted, this is a fairly new and changing area of the law. Although the ADA does not require that employers offer a remote work option, recent legal developments suggest that a person with a disability may request remote work as an accommodation. An employer needs to take any such request seriously. Some important things to keep in mind:

• If employers do offer remote work, they must give disabled individuals another "equal opportunity to participate." 

• Employers need to consider a remote work accommodation if it is not unreasonable or would cause the employer an undue hardship, such as a significant expense.

• Disabled employees may request a remote work accommodation even if other employees are not authorized to work from home.

• If a person’s disability prevents them from fulfilling their job obligations on site, and they can perform the job at home, that will make it more likely that the employee may receive a reasonable accommodation to work remotely. 

• In considering the request for a reasonable accommodation, one big factor that may negatively influence whether an employee can receive this accommodation is whether their essential job functions must be performed in person. Non-essential job functions may be reassigned so that an employee can work remotely. 

Contact a Bethesda, MD Disability Accommodation Attorney 

If you are an employee with disabilities, you may be wondering if your employer must allow you to work remotely as a reasonable accommodation. The experienced Montgomery County, MD employment law attorneys at Freedman Law, LLC understand this complex and changing area of the law. Contact us at 410-290-6232 for a consultation.